Isaiah Montanez says he was dragged off his bike and attacked

A local musician is suing the Orlando Police Department after he was mistaken for a robbery suspect and was repeatedly bitten by a police dog.

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The suit names the dog handler and the K-9 as defendants. According to the lawsuit, 19-year-old Isaiah Montanez had visited relatives and was headed home on his bike along the Cady Way Trail on Easter of 2013.

An Orlando police officer mistook him for a robbery suspect and dragged him off his bike, the suit says, then allowed the dog to attack him.

"He is still very much traumatized," said Montanez' attorney, Bradley Laurent.

His lawyer says Montanez suffered bite wounds on his arms and legs, and cuts and scrapes on his head, leg and shoulder.

"There was no warning -- didn't ask him to stop or anything of that nature," said Laurent. "He hit the ground and the dog attacked him."

In his report, Officer James Parker said it was dark, but he believed Montanez matched a robbery suspect's description.

Parker says he shouted, "Police K-9," and ordered him to stop. He says Montanez "tried to pedal harder and go around me."

Parker says he warned the teen again, then reached out his right arm and pulled him off the bike.

"He wasn't the suspect they were looking for and clearly doesn't fit the description," said Laurent.

SHERIFF JERRY DEMINGS PLANNED TO HOLD A PRESS CONFERENCE AT SIX. WE'LL BRING IT TO YOU LIVE. A LOCAL MUSICIAN IS NOW SUING OPD. HE IS TAKING THEM TO FEDERAL COURT AFTER BEING BEATEN BY A POLICE DOG. THE SUIT NAMES THE DOG HANDLER AND THE POLICE K-9 ITSELF AS THE DEFENDANT. BOB KEALING JOINS US LIVE FROM OPD WITH PICTURES OF THE PLAINTIFF'S WOUNDS AND WHAT POLICE HAVE TO SAY ABOUT THE INCIDENT. BOB? IN THIS LAWSUIT THE ATTORNEY FOR THE MUSICIAN SAYS THAT HE WAS ATTACKED WITHOUT WARNING, TAKEN DOWN BY THE OFFICER AND REPEATEDLY BITTEN BY THE POLICE DOG. BUT IN THE POLICE REPORT THE OFFICER IN QUESTION SAYS THE SUSPECT, THIS PLAINTIFF, REPEATEDLY IGNORED HIS COMMANDS. HE IS STILL VERY MUCH TRAUMATIZED. HIS LAWYER SAYS 19-YEAR-OLD ISAIAH MONTANEZ SUFFERED BITE WOUNDS TO HIS ARMS AND LEGS AND CUTS AND SCRAPES TO HIS HEAD, LEG AND SHOULDER. EASTER SUNDAY OF LAST YEAR MONTANEZ VISITED RELATIVES AND NEAR SUNDOWN HEADED HOME ON HIS BIKE ALONG THE CADY WAY TRAIL. OPD K-9 OFFICER JAMES PARKER APPEARED. THERE WAS NO WARNING. HE DIDN'T ASK HIM TO STOP OR ANYTHING OF THAT NATURE. HE HIT THE GROUND AND THE DOG ATTACKED HIM. IN HIS REPORT PARKER SAID IT WAS DARK BUT BELIEVED MONTANEZ MATCHED A ROBBERY SUSPECT DESCRIPTION. PARKER SAYS HE SHOUTED POLICE K-9 AND ORDERED HIM TO STOP. HE SAYS MONTANEZ TRIED TO PEDAL HARDER AND GO AROUND ME. HE SAYS HE WARNED THE TEEN AGAIN THEN REACHED HIS RIGHT ARM OUT AND PULLED HIM OFF THE BIKE AS HE TRIED TO PEDAL PAST HIM. HE WASN'T THE SUSPECT THEY WERE LOOKING FOR. HE CLEARLY DID NOT FIT THE DESCRIPTION. THEY THEN DECIDE TO TRUMP UP A RESISTING WITHOUT VIOLENCE CHARGE AND CHARGE HIM WITH IT. MONTANEZ WAS ARRESTED AND BOOKED FOR RESISTING ARREST. THE STATE ATTORNEY'S OFFICE DECLINED TO PROSECUTE. THEY JUST NEED TO DO A BETTER JOB OF IDENTIFYING SUSPECTS SO THEY'RE NOT INJURING PEOPLE THAT, YOU KNOW, ARE NOT COMMITTING ANY CRIME. FOR THEIR PART, OPD SAYS THAT THEY DO NOT COMMENT ON ANY SORT OF PENDING LITIGATION LIKE THIS. HOWEVER THE PLAINTIFF'S LAWYER SAYS THIS IS THE SECOND TIME HE HAS REPRESENTED A TEENAGER WHO WAS INJURED BY A POLICE DOG IN A CASE OF MISTAKEN IDENTITY.